Can a construct contract legally use verbiage instructing you that you will not be allowed to file an intent to lein?

3 months ago

Our contract reads that we agree not to file an intent to lein and if we do we will be responsible for any legal costs to remove it.
Is this legal to do?

Legal Associate Levelset
35 reviews

We like to refer to these as “no-lien clauses” and each state approaches the ability to waive lien rights before working on a project. While some explicitly allow this practice and others have prohibited this practice as going against public policy; the state of Washington has no explicit laws that either allow or deny the ability to do so.

Therefore, contractors working within the state should thoroughly read their contracts and approach such clauses with caution.

For more information: No Lien Clauses: A 50-State Overview for the Construction Industry

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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